As the Trump Administration continues to review federal policy and the implications on state regulatory rules, the Administration for Children and Families (ACF) at the U.S. Department of Health and Human Services (HHS) sent official letters to 39 governors outlining the protection of vulnerable foster youth in their respective states. The missives directed the leaders to review child welfare agencies that could be diverting foster youths’ earned Social Security survivor benefits for other perceived unauthorized spending.  

“At HHS, our guiding principle is simple: every child deserves a home and a fair chance to thrive. But when state agencies stack the deck against children, we step in,” said HHS Secretary Robert F. Kennedy, Jr., continuing that “in the Trump Administration, we are committed to ensuring every child in America has the chance to reach their full potential.” 

According to HHS, as of December 2025, “only 11 states have enacted policies to stop the interception of Social Security survivor benefits and conserve them for the child's unmet needs.” Moving forward, both ACF and the Social Security Administration have plans to provide resources to assist the remaining 39 states implement changes in this practice. 

To read the full release from the agency, visit

https://acf.gov/media/press/2025/states-are-diverting-earned-social-security